Privacy Policy

Last updated: Oct. 2021

 

Welcome to PhotoAI!  We respect and value your privacy.  

The use of PhotoAI through our mobile applications may involve collection and use of your information. This Privacy Policy explains and informs you how your information is collected, used and disclosed by PhotoAI with respect to your access and use of our services through our mobile applications.  It is important for you to understand this Privacy Policy and how you may protect your information, so please read this Privacy Policy carefully.

 

1. Application Scope of the Privacy Policy

By using PhotoAI, you agree that we may collect, use and share your information in accordance with this Privacy Policy, as revised from time to time.  In addition, your use of PhotoAI signifies that you agree with the terms of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, do not use PhotoAI.

This Privacy Policy is incorporated into and forms part of the PhotoAI Terms of Service that you have agreed to in order to use PhotoAI.  Any terms used in this Privacy Policy will have the same meaning as the equivalent defined terms in the PhotoAI Terms of Service unless otherwise defined in this Privacy Policy or the context requires otherwise.  Unless otherwise specified in this Privacy Policy, these terms in the PhotoAI Terms of Service shall also be applicable in this Privacy Policy.

Any information that is collected is subject to the Privacy Policy in effect at the time such information is collected. We may, however, modify and revise our Privacy Policy from time to time. If we make any change to this policy, which we deem to be material changes, we will (where reasonably practicable) notify you of such changes by posting them on our website, through our services or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to access or use our services after the changes become effective, with or without notification, you are agreeing to be bound by the revised policy.

PhotoAI may link you to social media or other features or services (including websites, plug-ins and widgets) provided by a third party.  Please note that this Privacy Policy doesn’t apply to the information collected by any third-party websites, services or applications that can be accessed through our services, and does not apply to the information collected by other companies and organisations who advertise their services on PhotoAI.  We bear no liability for any third party use of any information provided by you to them.

2. Information You Provide and We Collect

To provide the services of PhotoAI, we collect, store and use the following Information relating to you:

· Your photos: we may collect the photos that you upload from your device album while using PhotoAI. Please note, you won’t be able to upload content from your camera roll unless we can access your device’s camera.

· Facial features: we may collect the facial feature data separately from your photos only to improve the quality of machine learning algorithms. Please note, we collect facial feature data that is not biometric data.

· Cache and similar technologies: we may use cache — tiny pieces of code that remain in your device after you have visited PhotoAI. When you use that website or application for the next time, these pieces enable their owners to provide you with information customized for your needs.

· Information about your and others’ usage of and interaction with the service and our application, including usage by geographies, device and connection information, IP address, device capability, bandwidth, statistics on page views and network type.

· Technical information, such as your mobile carrier-related information, configuration information made available by other programs you use to access PhotoAI, your IP address, your location/country/region/time zone, your device's version and identification number, user settings, and the operating system.

3. How We Use the Information We Collect

 

3.1 Purposes

We may use the information other than photos or facial data to:

3.2 Cloud and Server Processing

To give users a better experience, users’ photos will be uploaded for cloud processing. Users' photos or face data will only be used for machine learning enhancements, face swap, face animator or for generating different styles of portraits based on AI-driven algorithms and not for other purposes. PhotoAI only uploads photos to the cloud that you have specifically chosen to edit if and when using the above-mentioned features. Enhanced and processed photos can only be downloaded by the one who uploaded them previously within the app. All photos or face data will be deleted from the cloud automatically in a few minutes after being processed.

In no way will PhotoAI use your uploaded photo for face recognition, as PhotoAI does not introduce the face recognition technologies or other technical means for processing of biometric data for the unique identification or authentication of a user. If PhotoAI decides to change the purposes of processing specified above, we will inform you on such changes prior to using your personal information within the newly set purposes and ask for your separate consent if required by the applicable laws.

3.3 Sharing

We do not disclose user photos, videos or face data to third parties. Your information may be accessed and used by our service providers who are working with us in connection with the operation of our services.  These service providers may have access to your information but only to the extent necessary to perform services on our behalf and are obligated not to disclose that information or use it for any other purposes. These providers will collect the information sent by your mobile phone, tablet or desktop computer, and their use of that information is governed by their applicable privacy policy.

We may share information about you if we are (or if we believe we are) required by law or legal process (such as a subpoena, warrant or court order), if we have to respond to a lawful request from legal authorities to disclose such information, or if we need to enforce or apply this Privacy Policy, our Terms of Service or our other policies.

If we are acquired by a third party or may re-organise our group structure, your information may be transferred within our group and/or to a third party who will continue to operate PhotoAI or similar services under either this Privacy Policy or a different privacy policy which will be notified to you. The party to which your personal information is transferred may be located, and use your Information, outside of your jurisdiction. Other than as permitted under this Privacy Policy or as otherwise consented to by you or as required by law or legal process, we will not transfer your personal information to any other third parties for their processing for any purposes.

4. How to Access Your Information

You have a right to access to your personal data processed by PhotoAI and right to data portability.

If you believe your information on PhotoAI is not authentic or accurate and can provide us with reasonable proof regarding this, you can require us via the contact information provided in this Privacy Policy to correct these inauthentic or inaccurate information and we will use reasonable efforts to honour your request; however, we may retain an archived copy of your non-photo, non-video and non-face data information as required by law and/or for record keeping purposes. Once your account is closed or deleted, you will no longer have access to your message history, preferences or any other information associated with your use of our services.  Even after you remove information from your account or profile, copies of that information may remain viewable elsewhere, to the extent it has been shared with others, it was otherwise distributed pursuant to your privacy settings, or it was copied or stored by other users. Additionally, we will retain your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, or enforce the Terms of Service. We will retain de-personalized information after your account has been closed.

In some cases, we may not be able to update, amend or remove your personal information, in which case we will let you know why we are unable to do so, for example, certain requests may require disproportionate technical effort or extremely impractical, or are prohibited by law.

Since PhotoAI will be used in multiple jurisdictions and we may not be possible to identify all the inconsistency between certain terms of this Privacy Policy and the applicable law in your jurisdiction, thus you agree to notify us once such inconsistency is identified by you. Under this circumstance we will take necessary methods to eliminate such inconsistency, including deleting these personal information improperly collected or used by us.

5. Contacting Us

If you have any questions about our Privacy Policy or any privacy-related matters, please contact us via email at photoai@outlook.com.